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BEFORE the NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH NEW DELHI …………… Original Application No.127/2013 and Original Appli

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BEFORE the NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH NEW DELHI …………… Original Application No.127/2013 and Original Appli BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH NEW DELHI …………… Original Application No.127/2013 And Original Application No. 155/2013 And Original Application No. 156/2013 And Original Application No. 120/2013 In the matters of: 1. Mrs. Ranjana Jetley R/o House No. 185, National Media Centre, Gurgaon-122002 Haryana 2. Mrs. Harsaran Bir Kaur Pandey R/o House No. 87, National Media Centre, Gurgaon-122002 Haryana 3. Mrs. Sudha Kumar R/o House No. 100, National Media Centre, Gurgaon-122002 Haryana 4. Mr. Sanjay Ahirwal R/o House No. 184, 1 National Media Centre, Gurgaon-122002 Haryana 5. Mr. Lavneet Gyani R/o House No. 65, National Media Centre, Gurgaon-122002 Haryana …..Applicants AND 1. Union of India, Ministry of Environment and Forest Through the Environment Secretary Government of India Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi-110003 2. Central Pollution Control Board Through its Secretary Parivesh Bhawan, CBD-cum-Office Complex East Arjun Nagar, Delhi-110032 3. The State of Haryana Through the Chief Secretary, Having office at: 4th Floor, Haryana, Civil Secretariat, Sector-1, Chandigarh 4. Haryana State Pollution Control Board Through its Secretary C-11, Sector-6, Panchkula, Haryana 2 5. Haryana Urban Development Authority Through its Chairman HUDA Office Complex, C-3, Sector 6, Panchkula Haryana 6. Deputy Commissioner Gurgaon Division DC Office Gurgaon 7. Commissioner of Police, Gurgaon Police Commissionerate, Gurgaon, Haryana 8. DLF Limited Through its Managing Director, Having registered office at: Shopping Mall, 3rd Floor, Arjun Marg, DLF City Phase-I, Gurgaon, Haryana 122002 Also at DLF Centre, Sansad Marg, Connaught Place, New Delhi …..Respondents Counsel for Applicant: Mr. Chetan Chawla, Sr. Adv. Along with Ms. Megha Mehta Agarwal, Adv. 3 Mr. Rahul Choudhary, Adv. along with Ms. Richa Relhan, Adv. in Original Application No. 120/2013. Counsel for Respondents: Mr. Narender Hooda, Sr. Adv. , Mr. Vineet Malik, Adv. & Mr. D.P. Singh, Adv. for Respondent No. 1 & 2 in Original Application No. 120/2013 Ms. P. Batra Singh, Adv. and Mr. Salauddin Khan, Adv. for Respondent No. 1 in Original Application Nos. 127, 155, 156/2013 Mr. Rajkumar, Adv. for Respondent No. 2 Mr. Narender Hooda, Sr. Adv. with Mr. D.P. Singh, Adv. and Mr. Vineet Malik, Adv. for Respondent Nos. 3,4,6,7 & 10 Ms. Anubha Agrawal, Adv. with Mr. Ravneet Joshi and Mr. Pratham Devedi, Adv. for Respondent No. 5 Mr. Rajiv Nayar, Sr. Adv. and Mr. Karan Chopra, Adv., Ms. Deepti Sarin, Adv., Mr. Ishant Gaur, Adv. for Respondent No. 8 Mr. S. Nanda Kumar, Adv., Mr. Parivesh Singh & Mr. R. Satish Kumar, Adv., Mr. P. Dhayanand, Adv. for Respondent No. 9 4 JUDGMENT PRESENT: HON’BLE MR. JUSTICE DR. P. JYOTHIMANI (JUDICIAL MEMBER) HON’BLE MR. JUSTICE M.S. NAMBIAR (JUDICIAL MEMBER) HON’BLE DR. G.K. PANDEY (EXPERT MEMBER) HON’BLE PROF. A. R. YOUSUF (EXPERT MEMBER) Hon’ble Dr. G.K. Pandey (EM) Date: 1st, April, 2014 j 1. The above applications were filed in NGT against the proposed widening of sectoral roads involving cutting of number of trees in front of National Media Centre (NMC). The Project Proponents stated to be involved in the project are Haryana Development Authority (HUDA) and DLF Ltd. The main contention of the applicants is that there will be significant air and noise pollution problems due to movement of traffic in the area due to cutting of trees which were acting as a buffer and reducing noise & dust pollution. Incidentally, an email was received by NGT from Haryali Welfare Society addressed to the Hon’ble Chief Minister of Haryana and the Copy was sent to NGT raising the similar issues pertaining to the cutting of trees by DLF/HUDA, which was treated as an Application no. 120/2013. Regarding this Application No. 120/2013, NGT passed the order restraining the Respondents from cutting/felling or uprooting any tree on the site in 5 question on 2/08/2013. Besides these two applications, other two applications were registered i.e. Application No. 156/2013 filed by Mrs. Krishan Devi and Application No. 155/2013 filed by Mr. Rajpal Yadav & Ors. VS Union of India & Ors. 2. The applicants have mentioned that there have been violations of numerous environmental obligations by the Respondents in respect of road widening project in Gurgaon being undertaken by Respondent no. 8 (DLF) and Respondent no. 5 (HUDA). The applicants have stated in their applications that there is NH-8 passing close to the National Media Centre (hereinafter referred to as “NMC”) which is a housing society in which the applicants are residing. The area of NMC is about 2 acres having 200 meters of length and 50 meters of width. The plot of 2 acres was stated to be owned by the society. However, when the licence was issued by the State of Haryana (Respondent No.3), it was mentioned that the said area shall be retained as green belt. According to the applicant, there were 111 trees of various species and sizes with 51 trees of above 20 feet height. The contention of the applicant is that respondent no. 8 (DLF) has obtained right on the said 2 acres of land to expand the slip road appurtenant to NH-8 into their own projects and properties which are next to the NMC. Even though the slip road is adjacent to National Highway but the 6 extension of the slip road is being done privately by Respondent no. 8 for its own private use and for the purpose of making value addition of its own properties. It is alleged by the Applicant that this project will increase value of DLF property but is being undertaken by HUDA in a 50:50 participation basis. The Applicants submit that in order to achieve the goal of expanding the slip road, the Respondent No. 8, is seeking to destroy the entire green belt and to achieve the said purpose is removing the trees from the said plot of land. The entire extended 8 lanes fall upon the 50 meters green belt and would thereby destroy all trees on the said green belt which acts as a buffer against vehicular pollution. It is averred that the destruction of green belt would expose the residents to severe and incessant pollution which is likely to cause respiratory diseases as well as cancer, with the elderly and children being more prone to the ill effects. 3. Another Applicant, Haryali Welfare Society through Application No. 120/2013, has submitted that maintaining of green belt is a part of Para 4.2 of the National Forest Policy, 1988, which provides that green belt should be raised in urban/industrial areas as well as in arid tracts. The policy also provides for modifying the laws wherever necessary to facilitate and motivate individual institution to undertake tree farming. Further, in Lafarge Umiam Mining (P) Ltd. v. Union of India (2011) 7 7 SCC 338, the Hon’ble Supreme Court has held that the principles/guidelines mentioned in the National Forest Policy, 1988 should be read as part of the provisions of the Environment (Protection) Act, 1986 read together with the Forest (Conservation) Act, 1980. According to the applicant there is no requirement of widening of road from 60 meters to 78 meters from NH-8 to Sector-55 & 56 in Gurgaon. Also an accusation has been made by the applicants that the land available for compensatory plantation or the type of trees which will be planted by the HUDA is doubtful and without looking at the availability of land with HUDA, the Forest Department simply granted permission for cutting down 1055 trees in April 2012 for the purpose of the widening of the aforementioned road. The counsel for the applicants has also raised the requirement of seeking EC under the EIA Notification 2006 for the said project of widening of sectoral road. Ld. Counsel for the applicant has, further, submitted that the said road widening project has been done in the green belt area and no new green belt areas are being developed and already existing green belt areas are being shown as the areas for compensatory plantation works indicating that we are losing the green belt area for developmental works but not adding any further areas to be compensated for the losses of the green belt. In addition, there is no disclosure of the location of 246 transplanted trees and 8 their status about survival and the Forest Department has not verified the same. 4. While hearing the applications, the NGT felt the need of directing vide its order dated 06/01/2014 to the State of Haryana to file a specific affidavit to the effect as to whether the disputed land forms part of the extent of 1,54,706 hectares of land which includes 12,527.94 hectares stated to have been declared as forest land by the Government of Haryana. In addition to that the Ld. Additional Advocate General under took to produce copy of the affidavits before NGT which were filed before the Hon’ble Supreme Court on earlier occasion. In a written statement of Sh. SR Jotriwal, Principal Chief Conservator of Forest (PCCF), Haryana, it has been submitted that the land in question is a green belt maintained by Haryana Urban Development Authority where avenue plantations were raised by HUDA on either side of the HUDA sector road connecting National Highway No. 8 to HUDA sector 55/56 of Gurgaon. The said green belt in question has never been treated or maintained in Government record as forest and is not a part of 1,54,706 hectares of land including 11513/12527.94 hectares of land notified under section 4 and 5 of The Punjab Land Preservation Act (PLPA), 1900 as mentioned in the affidavit dated 8/12/1996 filed by the PCCF, Haryana in the Hon’ble Supreme Court in civil writ petition number 171 of 1996 9 in the case titled Environmental Awareness Forum vs State of Jammu & Kashmir and others.
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